JANTA MAZDOOR SANGH Vs. BHARAT COOKING COAL LTD.

JUDGEMENT

(1.) The present appeal has been filed by the workmen being aggrieved by the judgment and order Dt. 20.4.2006 passed by the learned Single Judge in C.W.J.C. No. 290 of 1998(R) whereby the learned Single Judge has allowed the writ petition filed by the management and set aside the award passed by the Industrial Tribunal whereby the Management was directed to reinstate and regularize the concerned workmen. The brief facts of the case are as under:

(2.) The case of the Union, in short, is that the workmen were employed by the management in various permanent and perennial nature of jobs since 1986. They claimed regularization, but the management stopped them from work after the dispute was raised by the Union. The engagement of the contractor M/s. New Jhang Transport was a camouflage. Under the N.C.W.A. -III and IV, it was agreed that the industry shall not engage contract labour on jobs of permanent and perennial nature and such jobs will continue to be done by the regular labour. In support of its claim, the Union examined the contractor Mewa Singh as WW -1, who inter alia deposed that he established the firm M/s. New Jhang Transport as the management had asked him that it will facilitate easy payment. The case of the management inter alia was that no notification was issued under Section 10 of the Contract Labour (Regulation and Abolition) Act, prohibiting the engagement of the contractors for the work in question done by the said contractor. The jobs were of short duration of about 8 to 10 days in a month. In support of its case, MW -1 was examined on behalf of the management, who stated, inter alia, that the workers were employed by the contractors. The work of one Cycle Stand, 2 -3 Cow Catchers and dismantling of one building was only done within three years. The workmen did not work regularly.

(3.) Learned counsel Mr. Sudarshan Srivastava appearing on behalf of the appellant -Union of workmen, has submitted that the Tribunal has recorded the findings in favour of the Union by referring the judgment rendered in the case of Madusantakam Co -operative Sugar Mills Vrs. S. Vishwanathan, reported in : (2005) 3 SCC p. 193. It is submitted that the Learned Single Judge has failed to appreciate the ratio laid down in the above judgment that the Court in its writ jurisdiction, is not required to interfere with the findings of the facts recorded by Tribunal as the same was neither perverse nor illegal.